Industrial Injury Disablement Benefit Appeal

Momax10

Grateful for some advice if possible.

I attended an ATOS examination last August where the doctor assessed me at 4% disabled so I wouldn't be entitled to IIDB. However, Capita had been assessing me for medical retirement and concluded, after their examinations and various reports from NHS specialists, that they estimated the 'degree at which my earning capacity had been impaired was over 75%'. I appreciate the two assessments are slightly different but would have thought they should be a little closer than the 71% difference.

I requested a Mandatory Review and DWP changed their assessment to 29% - still a 42% variation. I appealed on the basis Capita/NHS had been assessing me over a period of time whereas DWP's actual examination was approx 30mins. I just wanted someone who was independent to look at all the paperwork and confirm, or not, whether the two assessments should be so far apart. DWP's examination was short and the report was factually incorrect in places and they had already admitted they were wrong in light of the M Review. All the paperwork was submitted so I didn't ask to be present at the hearing.

The hearing took place at the end of last month but was adjourned as the judges thought my 'direct oral evidence would assist in a fair and just decision' . I now have to wait another 6 to 12 weeks for the hearing.

I'm more than a little perplexed by the adjournment. Will the judges be looking at assessing me again? Are they qualified to do so? How will my spoken evidence affect a decision when they have all the reports, etc?

Sorry this post is long but if anyone could throw any light on this it would be appreciated. TIA

barbedhook

If you are still working you may be able to claim reduced earning allowance

rogerblack

Momax10 wrote: »

I'm more than a little perplexed by the adjournment. Will the judges be looking at assessing me again? Are they qualified to do so? How will my spoken evidence affect a decision when they have all the reports, etc?

They will not be physically examining you.

An ongoing assessment for the purposes of employment, or pension, or compensation - assessing you as '50% disabled' does not mean you will score 50% for IIDB.
You may not even - according to the rules score anything.


They will ask you questions about your disability, to see if the assessment may have missed something, or may not have been clear according to the law, or if they consider it likely that the assessment was wrong in some manner.

It is not a simple rubber-stamp based off the assessment - they can choose to (with explicit reasons) totally ignore that.

benniebert

rogerblack wrote: »

They will not be physically examining you.

An ongoing assessment for the purposes of employment, or pension, or compensation - assessing you as '50% disabled' does not mean you will score 50% for IIDB.
You may not even - according to the rules score anything.


They will ask you questions about your disability, to see if the assessment may have missed something, or may not have been clear according to the law, or if they consider it likely that the assessment was wrong in some manner.

It is not a simple rubber-stamp based off the assessment - they can choose to (with explicit reasons) totally ignore that.

IIDB has a lot of mystery about it. Sometimes there is no logical answer as to how they come up with the % figure. The examining doctor would have reported a % to the DWP and normally the DWP just rubber stamp it. Most IIDB awards made are time limited. Each re-assessment is treated as a new claim/change of circumstances.
I have had IIDB for 20 years with regular 2/3 year reviews. I have had awards as high as 80% and some of NIL. My condition hasn't changed only the professional medical opinion has.

Momax10

Thanks for this all. Makes things clearer. Will see what they say on the day.